Piyush S/O Deepak Narlawar vs State Of Maharashtra
- Court
- Supreme Court
2026 INSC 1183
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2026
(Arising out of Special Leave Petition (Criminal) No.12158 of 2025)
PIYUSH S/O DEEPAK NARLAWAR APPELLANT
VERSUS
STATE OF MAHARASHTRA & OTHERS RESPONDENTS
J U D G M E N T
NAGARATHNA, J.
Leave granted.
2. This appeal arises out of the order dated 08.01.2025 passed
by the Bombay High Court, Aurangabad Bench in Criminal
Application No.725/2024 filed under Section 482 of Code of
Criminal Procedure, 1973 (for short, “CrPC”) refusing to quash the
proceedings qua the appellant arising out of FIR No.212/2023
dated 30.06.2023 registered with Satara Police Station, District
Signature Not Verified
Digitally signed by
BORRA LM VALLI
Date: 2026.11.02
17:00:11 IST
Reason:
Aurangabad Town under Sections 304B, 323, 498A, 504 read with
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Section 34 of the Indian Penal Code, 1860 (for short, “IPC”) and
Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short, “DP
Act”). However, while dismissing the said criminal application with
respect to the appellant herein, the High Court granted the relief of
quashing the FIR and all consequential proceedings thereto qua
the other family members of the appellant, namely, respondent
Nos.3 to 5. Aggrieved, the appellant, who is the son-in-law of the
complainant-respondent No.2, has preferred the present criminal
appeal.
3. Briefly stated, the facts of the case are that the appellant
married the daughter (hereinafter “deceased”) of respondent No.2
on 03.01.2021 as per Hindu traditional rites and rituals and
thereafter the couple started cohabiting in Chandrapur along with
the family of the appellant. On 28.02.2022, the couple shifted their
matrimonial home to Toronto, Canada and resided together.
4. On 11.06.2023, the wife of the appellant died by jumping from
the 22nd floor of her residential apartment where she was residing
with the appellant. A hand-written suicide note was recovered from
the shared apartment which reads as follows:
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“I Failed in my life. It's been more than a year but still
struggling to find a job. I feel like I am Stupid and useless
person. I don't want to live with this feeling, so I quit. I
don't want to live so I am leaving.
Just donate my all organs to the needy people and bury
me here, its my last wish.”
5. Alleging foul play on the part of the appellant in the suicide of
his daughter, respondent No.2 filed FIR No.212/2023 dated
30.06.2023 before Satara Police Station as against the appellant
and his family members including his parents and sister. The
allegations contained in the said FIR are as follows:
i. The daughter of respondent No.2 was married to the appellant
on 03.01.2021 and even before the marriage, the appellant
and his family made unlawful dowry demands including
fifteen tolas of gold. The said unlawful demand was fulfilled
due to the fear of breakdown of solemnization of marriage.
ii. After marriage, the couple started residing at Chandrapur
with the family of the appellant and in the initial six months
of marriage the deceased had confided that the appellant was
quick-tempered, easily irritable and would get angry over trifle
issues.
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iii. That on the occasion of Diwali, respondent No.2 gave a gold
bracelet to their daughter, a gold ring to the appellant as he
had demanded two tolas of gold as dowry.
iv. After shifting to Toronto, Canada, the appellant adopted a
fault finding attitude towards the deceased and used to
frequently point out her mistakes and called her names such
as “stupid and useless” predominantly due to the fact that
she was not able to find a job for herself in Canada.
v. In September 2022, the deceased came to India to attend the
wedding of her cousin, where the appellant unlawfully
demanded three tolas of gold. The said demand was acceded
to in order to avoid further confrontation and disrepute. Even
at the time of the wedding, the deceased was subjected to
repeated abuse and torture including deceased being slapped
under the ear by the appellant.
vi. On 11.06.2023, at 6:00 a.m., the appellant called respondent
No.2 to inform that his daughter had committed suicide by
jumping from the 22nd floor of their residential complex and
that, at the time of the incident, the appellant was not at home
but rather was attending an event.
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vii. After the said incident, respondent No.2 came to know about
multiple extra-marital affairs of the appellant which could
have been a contributing factor for the unfortunate step taken
by his daughter.
6. On 12.10.2023, the Ministry of Solicitor General of Canada
issued a coroner's investigation statement along with the post-
mortem examination report wherein the cause of death was
attributed to multiple blunt impact trauma due to fall from a
height. It was also stated that the deceased had no prior medical
history and was not on any prescription medications. It was further
observed in the said report that while residing with her husband
i.e. the appellant herein, there were no instances of police
interactions but rather the deceased had been stressed by her
studies lately and she was unable to find a suitable employment
which further exacerbated her stress. It was further observed that
the local residents of the apartment complex saw the descent of the
deceased from the twenty second floor till the impact on the
ground. The apartment was found in a tidy and neat condition with
no drugs or alcohol found therein and no signs of struggle by the
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deceased or foul play on the part of the husband who was not
present when his wife committed suicide.
7. On 08.01.2024, the Toronto Police Department filed a police
report closing the investigation qua the appellant herein. The
closure was based on two findings: (i) the handwriting in the
suicide note of the deceased victim matched her own handwriting,
and; (ii) there were no signs of struggle or scuffle in the apartment.
In the said police report, it was further observed, that upon
examination of the video footage of the surrounding area it was
apparent that at the time of the incident, the appellant was not at
home as he could be seen coming up the elevator and onto the floor
about half hour later and then returning quickly down again upon
realizing what had transpired.
8. Aggrieved by initiation of criminal proceedings at the behest
of respondent No.2, the appellant, along with respondent Nos.3 to
5 preferred Criminal Application No.725/2024 under Section 482
of CrPC seeking quashing of FIR No.212/2023 before the Bombay
High Court, Aurangabad Bench.
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9. The Bombay High Court, Aurangabad Bench vide order dated
06.01.2025, dismissed the said criminal application qua the
appellant herein. On the other hand, the same was allowed qua
respondent Nos.3 to 5. While doing so, the High Court observed
that upon perusal of the FIR, it was apparent that soon before her
death, the deceased was not living with respondent Nos.3 to 5 and
therefore the investigation proceedings emanating from the FIR qua
them would tantamount to abuse of process of law and therefore
the same was set aside in the interest of justice. However, taking a
contrary view with respect to the allegations levelled against the
appellant, the High Court proceeded to deny the relief of quashing
the FIR and consequential proceedings to appellant on the ground
that the allegations contained in the FIR against him were related
to the illegal gratification of dowry and had elements of mental
cruelty and therefore raising reasonable suspicion so as to let the
investigation proceed and reach its logical conclusion in the
interests of justice.
10. In the interregnum, a chargesheet was submitted against the
appellant which was taken on record by the Trial Court and
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consequently, non-bailable warrants were issued against him vide
order dated 04.02.2025.
11. Aggrieved by the order dated 08.01.2025 passed by the
Bombay High Court and the criminal proceedings arising out of FIR
No.212/2023, the appellant has preferred the present appeal.
12. This Court, vide order dated 11.08.2025, issued notice in the
said appeal and directed that no coercive steps shall be taken
against the appellant with respect to the impugned FIR subject to
his cooperation in the future investigative and judicial proceedings.
13. We have heard learned counsel for the appellant and learned
counsel for respondent No.1-State as well as respondent No.2. We
have perused the material on record.
14. It was contended by learned counsel for appellant that the
incidents and allegations mentioned in the FIR are general in
nature and a sweep of unsubstantial and frivolous allegations
which do not constitute any offence as per IPC. It was pointed out
that as per the Coroner's report the cause of the death of the
deceased was due to heavy physical trauma commensurate with
the forceful impact of the body hitting the floor and nothing on
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record evidenced that there was any foul play on the part of the
appellant. It was submitted that upon a bare perusal of the suicide
note recovered from the apartment, it was apparent that the
deceased was under severe stress due to her employment status
and studies and that had no reasonable nexus with appellant and
the said suicide note has exonerated him completely especially
when the handwriting of the suicide note was later confirmed to be
that of the deceased.
15. It was further submitted that the CCTV footage of the
surrounding area clearly recorded the appellant’s movements
wherein it was apparent that he was not in the residential complex
either before, or at the time of the incident. It was vehemently
argued, while placing reliance on the Coroner’s report and the final
report of the Toronto Police authority, that there were no signs of
struggle in the apartment, no hint of any drug or alcohol and no
history of mental and psychological distress that could point
towards a probable cause of suicide apart from the suicide note. It
was also contended by the counsel for the appellant that there was
not even a whisper of any allegation related to demand of dowry
made, either by the husband or his family from the inception of the
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marriage till the death of the deceased and further such dowry-
related grievance is not reflected from a bare perusal of the material
on record. It was therefore contended that the theory of prosecution
alleging foul play in the death of the deceased is completely
fictitious with no evidentiary support and therefore any allegation
pertaining to the same should be nipped in the bud. It was
submitted by the learned counsel that upon a bare perusal of the
monetary transactions of the appellant, it would reveal that there
were many instances where the appellant had transferred money
to the account of the deceased and her family members purely on
account of love and affection and thereby showcasing his care and
affection towards the deceased.
16. Furthermore, it was contended that the appellant went ahead
and made the deceased his nominee in respect of his investments
thus making the allegation of dowry demand highly improbable.
Appellant’s counsel, further submitted that despite his repeated
refusals, the brother of deceased transferred a sum of
Rs.1,00,000/- to his account to help him bear the travel expense
of the deceased for her cousin’s wedding and these facts remove
the substratum of allegations of unlawful dowry demand made by
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him and his family. Lastly, it was contended that the prosecution
case made out against him is completely vague and baseless as
there is no evidence on record to substantiate any alleged pre-
marriage gift received by him or his family nor is there any material
on record to justify the allegations of cruelty made out against him.
Therefore continuation of any criminal proceeding arising out of
FIR No.212/2023 is an instance of abuse and misuse of process of
law and therefore the same should be set-aside in the interest of
justice.
17. In response to the aforesaid submissions, learned counsel for
respondent No.1-State submitted that the course of investigation
revealed that the deceased was subjected to repeated acts of
violence, both mental and physical at the hands of the appellant
and the members of his family with respect to unlawful dowry
demands which was further substantiated by several unexplained
monetary transactions vis-à-vis the account of the deceased. It was
submitted that it was highly improbable that the deceased would
have suggested in her suicide note to donate her organs post her
nd
death, given the fact that she had jumped from the 22 floor of the
apartment complex whereby no organ would naturally survive the
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fall and its impact. Learned counsel for the State vehemently
opposed the criminal appeal on the ground that a non-bailable
warrant was already issued by the Trial Court and that the
appellant’s custodial interrogation was of paramount importance
as he was in custody of the deceased’s laptop, mobile phone,
personal diary etc. Further, considering the nature of allegations
against him, his proximity to the deceased and the unnatural
circumstances under which the death occurred warranted the
continuation of the trial and letting it reach its logical conclusion.
Thereby the prayer to dismiss the present appeal was made by the
learned counsel representing respondent No.1-State.
18. Adopting the aforesaid submissions, learned counsel for
respondent No.2 contended that the Canadian Police enquiry erred
in treating the incident as a case of suicide whereas it was clearly
a case of dowry death as per Section 304B of the IPC which
provision does not exist under the Canadian penal law and
therefore the said reports are invalid. To substantiate the claim of
unlawful dowry demand, it was submitted that the appellant
demanded 15 tolas of gold as a wedding gift which was complied
with by respondent No.2 and consequently the same was given to
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the appellant and the deceased as a wedding present. Further on
the allegation of illegal dowry demand, learned counsel for
respondent No.2 submitted that on the occasion of first Diwali after
the solemnisation of their marriage, the appellant demanded a gold
ring for himself, a gold bracelet for the deceased and clothes for his
parents which were again complied with. It was contended the said
illegal demands came within the contours of dowry as defined
under Section 3 of the DP Act.
19. It was next contended by learned counsel that the appellant
was not producing crucial evidence related to the deceased and
thereby showing clear non-cooperation and intentional
suppression of facts. That the delay in lodgement of FIR was due
to the refusal of the police authorities to register the FIR as the
incident had occurred in Canada and therefore only after repeated
requests, the FIR was registered on 30.06.2023. It was submitted,
that the appellant has admitted that he had received the amount
of Rs.1,00,000/- from the brother of the deceased out of
compulsion.
20. It was further contended by learned counsel for respondent
No.2 that the appellant used to verbally abuse the deceased, calling
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her "useless" and "a burden," which ultimately drove her to take
such a drastic step, and therefore strongest action in accordance
with law was warranted against the appellant-husband. Finally,
learned counsel for respondent No.2 contended that hours before
her death, the deceased had video-called her mother, during which
she was seen wearing a new dress and spoke of attending a social
function, without even a hint of any mental turmoil that would
necessitate such a drastic step. It was therefore submitted that this
Court ought to allow the trial to proceed.
21. We have given our anxious consideration to the arguments
advanced at the Bar and to the material on record.
22. In the instant case, the allegations in the FIR are under
Section 304B, 323, 498A, 504 read with Section 34 of the IPC and
under Sections 3 and 4 of the DP Act.
23. Section 304B of the IPC deals with the offence of dowry death
and penalises the acts or omissions committed by the husband or
relative of the husband resulting in the death of the said woman
victim in relation to the said demand for dowry. The said provision
reads as under:
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“304B. Dowry death.— (1) Where the death of a woman is
caused by any burns or bodily injury or occurs otherwise
than under normal circumstances within seven years of
her marriage and it is shown that soon before her death
she was subjected to cruelty or harassment by her
husband or any relative of her husband for, or in
connection with, any demand for dowry, such death shall
be called “dowry death”, and such husband or relative
shall be deemed to have caused her death.
Explanation. —For the purpose of this sub-section, “dowry”
shall have the same meaning as in Section 2 of the Dowry
Prohibition Act, 1961 (28 of 1961).
(2) Whoever commits dowry death shall be punished with
imprisonment for a term which shall not be less than seven
years but which may extend to imprisonment for life.”
24. Section 323 of the IPC provides for punishment for voluntarily
causing hurt as defined under Section 321 of the IPC. The said
provisions read as hereunder:
“321. Voluntarily causing hurt.— Whoever does any act
with the intention of thereby causing hurt to any person,
or with the knowledge that he is likely thereby to cause
hurt to any person, and does thereby cause hurt to any
person, is said voluntarily to cause hurt.
xxx
323. Punishment for voluntarily causing hurt.—
Whoever, except in the case provided for by Section 334,
voluntarily causes hurt, shall be punished with
imprisonment of either description for a term which may
extend to one year, or with fine which may extend to one
thousand rupees, or with both.”
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25. Section 498A of the IPC deals with offences committed by the
husband or relative of the husband subjecting cruelty towards the
wife. The said provision read as hereunder:
“498A. Husband or relative of husband of a woman
subjecting her to cruelty.— Whoever, being the husband
or the relative of the husband of a woman, subjects such
woman to cruelty shall be punished with imprisonment for
a term which may extend to three years and shall also be
liable to fine.
Explanation. — For the purpose of this section, “cruelty”
means—
(a) any wilful conduct which is of such a nature as is
likely to drive the woman to commit suicide or to cause
grave injury or danger to life, limb or health (whether
mental or physical) of the woman; or
(b) harassment of the woman where such harassment is
with a view to coercing her or any person related to her
to meet any unlawful demand for any property or
valuable security or is on account of failure by her or
any person related to her to meet such demand.”
26. Further, Section 504 of the IPC penalises the offence of
criminal intimidation, which is defined in Section 503 of the IPC.
The said provisions read as under:
“503. Criminal intimidation.— Whoever threatens
another with any injury to his person, reputation or
property, or to the person or reputation of any one in whom
that person is interested, with intent to cause alarm to that
person, or to cause that person to do any act which he is
not legally bound to do, or to omit to do any act which that
person is legally entitled to do, as the means of avoiding
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the execution of such threats, commits criminal
intimidation.
Explanation. —A threat to injure the reputation of any
deceased person in whom the person threatened is
interested, is within this section.
504. Intentional insult with intent to provoke breach
of the peace.— Whoever intentionally insults, and thereby
gives provocation to any person, intending or knowing it to
be likely that such provocation will cause him to break the
public peace, or to commit any other offence, shall be
punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with
both.”
27. Lastly, Sections 3 and 4 of the DP Act talk about penalty for
giving or taking or demanding a dowry which are extracted
hereunder:
“3. Penalty for giving or taking dowry.—
(1) If any person, after the commencement of this Act, gives
or takes or abets the giving or taking of dowry, he shall be
punishable with imprisonment for a term which shall not
be less than five years, and with fine which shall not be
less than fifteen thousand rupees or the amount of the
value of such dowry, whichever is more.
Provided that the Court may, for adequate and special
reasons to be recorded in the judgment, impose a sentence
of imprisonment for a term of less than five years.
(2) Nothing in sub-section (1) shall apply to, or in relation
to,—
(a) presents which are given at the time of a marriage
to the bride (without any demand having been made
in that behalf):
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Provided that such presents are entered in a list
maintained in accordance with the rules made under
this Act;
(b) presents which are given at the time of a marriage
to the bridegroom (without any demand having been
made in that behalf):
Provided that such presents are entered in a list
maintained in accordance with the rules made under
this Act:
Provided further that where such presents are made
by or on behalf of the bride or any person related to the
bride, such presents are of a customary nature and the
value thereof is not excessive having regard to the financial
status of the person by whom, or on whose behalf, such
presents are given.
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4. Penalty for demanding dowry.— If any person
demands, directly or indirectly, from the parents or other
relatives or guardian of a bride or bridegroom, as the case
may be, any dowry, he shall be punishable with
imprisonment for a term which shall not be less than six
months, but which may extend to two years and with fine
which may extend to ten thousand rupees:
Provided that the Court may, for adequate and
special reasons to be mentioned in the judgment, impose
a sentence of imprisonment for a term of less than six
months.”
28. Before delving into the merits of the case and the contentions
of the parties, we find it apposite to discuss the aforementioned
sections invoked against the appellant in the FIR. A bare perusal
of the said FIR reveals that offence of dowry death as punishable
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under Section 304B of the IPC has been invoked. To establish the
offence of dowry death, the following essential ingredients need to
be established:
(i) the death of a woman should be caused by burns or bodily
injury or otherwise than under a normal circumstance;
(ii) such a death should have occurred within seven years of her
marriage;
(iii) she must have been subjected to cruelty or harassment by
her husband or any relative of her husband;
(iv) such cruelty or harassment should be for or in connection
with demand of dowry; and
(v) such cruelty or harassment is shown to have been meted out
to the woman soon before her death.
29. The prosecution must at first establish the existence of the
necessary ingredients for constituting an offence under Section
304B of the IPC. Once these ingredients are satisfied, the
rebuttable presumption of causality, provided under Section 113-
B of the Evidence Act, 1872 operates against the accused.
30. Now, to establish an offence of voluntarily causing hurt
punishable under Section 323 of the IPC, one has to satisfy the
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essential ingredients of the said section. That is to say, the
prosecution has to lead evidence in order to show that bodily pain,
disease or infirmity was caused by the accused, in order to qualify
as voluntarily causing hurt.
31. Similarly, in order to establish the offence of criminal
intimidation as defined and punishable under Section 504, the
prosecution has to lead evidence to the effect that
(a) there was an intentional insult,
(b) the insult must be such as to give provocation to the person
insulted, and
(c) the accused must intend or know that such provocation
would cause another to break public peace or to commit any
other offence. The intentional insult must be of such a degree
that should provoke a person to break public peace or to
commit any other offence. The person who intentionally
insults intending or knowing it to be likely that it will provide
provocation to any other person and such provocation will
cause to break public peace or to commit any other offence.
In such a situation, the ingredients of Section 504 are
satisfied. One of the essential elements constituting the
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offence is that there should have been an act or conduct
amounting to intentional insult and the mere fact that the
accused abused the complainant, as such, is not sufficient
by itself to warrant a conviction under Section 504 of the
IPC. Similarly, mere abuse, discourtesy, rudeness or
insolence, may not amount to an intentional insult within
the meaning of Section 504 of the IPC if it does not have the
necessary element of being likely to incite the person
insulted to commit a breach of peace of an offence and the
other element of the accused intending to provoke the person
insulted to commit a breach of the peace or knowing that the
person insulted is likely to commit a breach of the peace.
32. An offence is punishable under Section 498A of the IPC when
a husband or his relative subjects a woman to cruelty, which may
result in imprisonment for a term extending up to three years and
a fine. The Explanation under Section 498A of the IPC defines
“cruelty” for the purpose of Section 498A of the IPC to mean any of
the acts mentioned in clauses (a) or (b). The first limb of clause (a)
of the Explanation of Section 498A of the IPC states that “cruelty”
means any wilful conduct that is of such a nature as is likely to
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drive the woman to commit suicide. The second limb of clause (a)
of the Explanation of Section 498A of the IPC, states that cruelty
means any wilful conduct that is of such a nature as to cause grave
injury or danger to life, limb or health (whether mental or physical)
of the woman. Further, clause (b) of the Explanation of Section
498A of the IPC states that cruelty would also include harassment
of the woman where such harassment is to coerce her or any
person related to her to meet any unlawful demand for any
property or valuable security or is on account of failure by her or
any person related to her to meet such demand.
33. Lastly, Section 3 of the DP Act deals with the penalty for giving
or taking dowry. It states that any person who engages in giving,
taking, or abetting the exchange of dowry, shall face a punishment
of imprisonment for a minimum of five years and a fine of not less
than fifteen thousand rupees or the value of the dowry, whichever
is greater. Section 4 of the DP Act talks of penalty for demanding
dowry. It states that any person demanding dowry directly or
indirectly, from the parents or other relatives or guardians of a
bride or bridegroom shall be punishable with imprisonment for a
term which shall not be less than six months, but which may
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extend to two years and with fine which may extend to ten
thousand rupees.
34. Before delving further into the merits of the case, we also wish
to underline the contours and extent of inherent powers envisaged
under Section 482 of CrPC with respect to quashment of criminal
proceedings arising out of an FIR or a criminal complaint. The said
Section does not confer any new powers on the High Court but
rather saves the inherent power which the court possessed before
the enactment of CrPC. It envisages three circumstances under
which the said inherent jurisdiction may be exercised, namely; (i)
to give effect to an order under the Code; (ii) to prevent abuse of the
process of the court, and (iii) to secure the ends of justice. The
principle and purpose behind Section 482 of CrPC has been
perfectly encapsulated by this Court in Central Bureau of
Investigation vs. A. Ravishankar Prasad, (2009) 6 SCC 351,
wherein this Court categorically observed that inherent powers of
High Court, under Section 482 of CrPC are meant to act ex debito
justitiae i.e. to do real and substantive justice, for the
administration of which alone it exists, or to prevent the abuse of
process of court. The Court then further went on to observe that
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the exercise of inherent powers would entirely depend upon the
facts and circumstances of each case and the same can be
exercised where the allegations made in the FIR or a complaint,
even when taken on their face value and accepted in their entirety,
do not prima facie constitute an offence or make out a case against
the accused.
35. While the inherent powers should not be exercised to stifle
the legitimate prosecution but at the same time no person should
be compelled to face criminal prosecution if the basic ingredients
of the alleged offence against him are totally absent. The said
powers of the High Court in dealing with an extraordinary situation
is in the larger interest of administration of justice and for
preventing manifest injustice being done. Therefore, it is a duty on
the part of the High Court to undo a wrong and to prevent
continuation of unnecessary judicial process. It may also be
necessary in order to curb an unwarranted criminal prosecution
becoming an instrument of harassment and abuse. A person
cannot be allowed to unleash personal vendetta to harass any
person needlessly and therefore it becomes the paramount duty of
the High Court in exercise of its inherent jurisdiction to protect an
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innocent person and not subject him to prosecution on the basis
of wholly untenable criminal complaint.
36. Applying the aforesaid principles to the facts of the present
case, the issue for consideration, is, whether, given the facts and
circumstances of the case and after examining the FIR, the High
Court was justified in refusing to quash the ongoing criminal
proceedings against the appellant arising out of FIR No.212/2023
dated 30.06.2023.
37. Upon careful perusal of the material on record, pleadings and
submissions of the all the parties, this Court is able to discern that
respondent No.2 has alleged that the appellant and his family
repeatedly indulged in unlawful demands for dowry and thus
created a hostile environment that exacerbated the mental agony
of the deceased who, when left with no other option, committed
suicide under extreme pressure and vulnerability. In this regard,
respondent No.2 referred to certain instances when he delivered 15
tolas of gold to the appellant as a wedding gift. It is also alleged
that the appellant, on the first Diwali after the solemnisation of
marriage illegally demanded a gold ring for himself, a gold bracelet
for the deceased and clothes for his parents which were duly
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complied with by respondent No.2. Lastly, it has been further
alleged that the appellant received a sum of Rs.1,00,000/- (One
lakh only) from the brother of the deceased as a further
gratification of the illegal demand of dowry. However, this Court,
upon examination of the relevant material on record, does not find
force in the aforementioned allegations and the averments due to
the reasons discussed below.
38. The appellant married the deceased on 03.01.2021 and from
that date until her death on 11.06.2023, there was not even a whiff
of allegation regarding any demand for dowry by the appellant or
his family. The allegations pertaining to illegal dowry demands
relate to the years 2021 and 2022, whereas the FIR itself was
lodged only after the death of the daughter of respondent No.2. This
leaves considerable room for doubt and suspicion in the mind of
this Court as to the truth and veracity of the allegations made. This
Court cannot help but note that no such grave and severe
allegations were raised during the period immediately preceding
the wife's untimely demise. There is nothing on record to show that
respondent No.2, upon being apprised by his daughter of the
alleged dowry demands, took any tangible action against such acts
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by the appellant and his family. A logical step would naturally have
been to raise the concern with the appropriate authorities, Indian
or Canadian, regarding any alleged mental or physical harassment
being meted out to the deceased or to respondent No.2 by the
appellant and his family. No dialogue or any discussion between
the two families has been referred to in the FIR.
39. On the contrary, upon perusal of the Coroner's report and the
final report furnished by the Toronto Police Department, it can be
discerned that the report itself states that there was no prior
history of any interaction between the couple and local police
officials, indicating a relatively calm and smooth marital life
between the appellant and the deceased until her death. The
suicide note, the handwriting of which is not in question, clearly
states that the deceased was under stress and duress on account
of her employment status and her studies, which made her feel
"useless" and "stupid." Had there been even an iota of mental or
physical agony caused by the unlawful demands of dowry by the
appellant and his family, the same would, in the natural course,
have found mention in the suicide note. However, the reality is that
there is no mention of the appellant or his family in the said suicide
27
note. Nothing in the suicide note attributes the cause of death to
alleged illegal dowry demands by the appellant or his family, or to
the alleged mental and physical cruelty to which the deceased was
purportedly subjected to.
40. Further, upon a bare perusal of the statement of respondent
No.2 recorded under Section 161 of CrPC, it is apparent that he
has stated that the said 15 tolas of gold were given to both the
appellant and the deceased, i.e., his own daughter. Very often, out
of genuine love and affection, the parents of either party gift
ornaments and jewellery to the newlyweds to mark the auspicious
occasion. In this context, it would not be out of place for the father
of the bride to give the newlyweds gold, which appears to be the
case in the present appeal. The father of the bride, respondent
No.2, on the occasion of the wedding, out of love and affection, may
have presented the appellant and the deceased jewellery made of
gold, which cannot be construed as dowry, since it was given not
merely to the appellant but also to the daughter, as a wedding gift,
a tradition quite common in Indian households, when not
attributed to a demand as dowry.
28
41. Furthermore, it has been alleged by respondent No.2 that on
the first Diwali after the wedding, the appellant illegally demanded
a gold ring for himself, a gold bracelet for the deceased, and clothes
for his parents, all of which were duly complied with. The said
allegations, when read in conjunction with the surrounding facts
and circumstances do not have legs to stand upon. A perusal of the
material and documents on record would reveal that the
prosecution has not been able to satisfy this Court that the said
gifts were given as part of a dowry demanded by the appellant and
his family. The very first Diwali after the solemnization of marriage
marks a special milestone in the life of newlyweds, where usually
both families exchange gifts such as new clothes, jewellery, and
sweets as a tradition. In these circumstances, it is very plausible
that, while extending gifts to his own daughter on the occasion of
Diwali, respondent No.2 extended the same courtesy to his son-in-
law and his parents, as a part of custom and tradition. To taint this
exchange between the parties with a criminal colour, without any
antecedents or substantial material on record, runs afoul of the
very basis of the case. Furthermore, such isolated acts of exchange
of gifts on an auspicious festival, when seen in the larger context,
29
cannot be a factor of cause-and-effect with the suicide of the
deceased, which occurred nearly a year thereafter. Nor does the
suicide note make any mention of the involvement of the accused-
husband or his family, in the context of dowry demands, cruelty,
criminal intimidation, or causing grievous hurt. What transpired
in the mind of the unfortunate victim cannot be extended to drag
the husband and his family members to the cause for suicide in
the absence of any material on record to prove or substantiate their
culpability. To attract the rigours of Section 304B of the IPC, the
prosecution has to prove that soon before her death, the woman
was subjected to cruelty or harassment by her husband or any
relative of her husband for, or in connection with, any demand for
dowry. In this aspect, the prosecution has failed to produce before
this Court any cogent evidence or material that may substantiate
its claim that the appellant made illegal demands for dowry and
that the said demand had a reasonable nexus to the suicide
committed by the deceased-wife. In absence of any evidence to
support the allegation of demand for dowry, the offence under
Section 304B cannot be attracted. In this case, any prosecution
30
with respect to the same, in our view, would be nothing but an
abuse of the process of law.
42. Lastly, it has also been alleged by respondent No.2 that the
appellant received a sum of Rs.1,00,000/- (Rupees One Lakh) as
dowry from the brother of the deceased. However, upon perusal of
the records of the case and the material placed before us, we
cannot but notice that the said transaction was undertaken
around the same time that the appellant booked flight tickets for
the deceased from Canada to India and a bare perusal of the
appellant's bank statement makes it amply clear that there were
multiple transactions reflected in his and the deceased's accounts;
therefore, singling out any one transaction, out of context, cannot
be determined to be inculpatory so as to warrant prosecution of the
appellant either under Section 304B of the IPC or Sections 3 and 4
of the DP Act. The prosecution has also failed to place any material
on record to show that the said amount was demanded by the
appellant in the nature of dowry, nor has it succeeded in prima
facie satisfying this Court as to how the alleged dowry demand,
coupled with the other allegations of mental and physical
harassment, established a causal relationship with the suicide of
31
the deceased. Therefore, the only conclusion this Court can draw
is that there is no nexus established between the allegations
levelled against the appellant and his family, on the one hand, and
the death of the deceased, on the other. Therefore, any legal
process emanating from the impugned FIR against the appellant is
an unfortunate instance of a father, grieving the bereavement of
his daughter, searching for some semblance of reason as to why
the deceased took such a drastic step to commit suicide. In such
circumstances, this Court cannot permit the prosecution of the
appellant to continue as the same amounts to an abuse of the
process of law. The same is therefore liable to be set aside in order
to meet the ends of justice.
43. We further opine that courts have to be extremely careful and
cautious in dealing with such complaints and must have a
pragmatic approach by taking into consideration the realities while
dealing with matrimonial cases, where the allegations have to be
scrutinised with great care and circumspection in order to prevent
miscarriage of justice and abuse of the process of law. If we
consider the facts of this case, the allegations put forth by
respondent No.2 with respect to mental and physical cruelty
32
allegedly meted out by the appellant and his family, apart from the
allegation of demand for dowry as discussed above, we have not
come across any instances of cruelty meted out to the deceased. A
bare perusal of the FIR shows that the allegations made by
respondent No.2 with respect to grievous hurt and criminal
intimidation are vague and omnibus. Other than claiming that the
husband, along with his family, mentally and physically harassed
her, respondent No.2 has not provided specific details or described
any particular instance of harassment. He has merely alleged that
the appellant physically abused and harassed the deceased and
called her names, which were contributing factors to her untimely
demise, but has failed to place any supporting material on record
to elaborate or substantiate the same. The allegation that the
appellant used to call the deceased "stupid" and "useless," even if
accepted prima facie , cannot to any extent qualify as an offence of
cruelty or criminal intimidation. At best, it reflects on the
temperament of the husband, but it cannot be given a criminal
colour so grave as to become the reason for the suicide of his wife.
Similarly, the allegation that the appellant was short tempered and
used to scold the deceased over trifle issues is also not sustainable
33
as respondent No.2 has failed to put forth any material evidence
on record so as to satisfy this Court of the merits of the said
allegations. A temperamental issue of a spouse cannot be equated
with the offence of criminal intimidation or grievous hurt so as to
make him criminally liable for the suicide of his wife as the same
tantamounts to abuse of process of law, particularly when material
in support of the same is conspicuous by its absence. We
understand the plight and pain of the family members of the
deceased who have gone through the tragedy of losing their
daughter but the husband and the in-laws, cannot be made to bear
the brunt of the same without first demonstrating any act or
omission on their part that coerced the deceased to such an extent
that committing suicide was the only way out.
44. We observe that in order to attract the rigours of Sections 323
and 504 of the IPC, the prosecution must lay cogent facts and
circumstances, backed by material on record, to show that the
accused committed acts or omissions that threatened the victim
with injury to her person, reputation or property or to the person
or reputation of anyone in whom she was interested. Merely stating
that the accused indulged in verbal and physical cruelty, is
34
insufficient by itself to raise a prima facie presumption that such
acts and omissions could be the basis to set the criminal
machinery in motion.
45. Furthermore, respondent No.2 has failed to satisfy this Court
as to how any alleged harassment caused the deceased any injury,
mental or physical, establishing a reasonable nexus to her death
by suicide. There is no proximate act or omission attributable to
the appellant in the instant case that could implicate him or assign
him any role under Section 498A of the IPC in the said FIR. Merely
stating that the appellant mentally harassed the deceased with
respect to a demand of dowry does not fulfil the ingredients of
Section 498A of the IPC, especially in the absence of any cogent
material or evidence on record in support of such allegations. The
term "cruelty" cannot be established without specific instances of
commission or omission. The tendency to invoke these provisions
without mentioning specific details weakens the prosecution's case
and casts serious doubt on the viability of the complainant's
version. This Court cannot, therefore, ignore the missing specifics
in an FIR, which forms the very premise for invoking the criminal
machinery of the State. In cases involving allegations of cruelty and
35
harassment, there would normally be specific offending acts, which
the complainant would be required to spell out in specific terms
against the perpetrators in order to implicate them in the criminal
proceedings sought to be initiated. Mere general allegations of
harassment, without specifics against such persons, would not
suffice to continue criminal proceedings. This holds true even when
the prosecution seeks to establish a reasonable nexus between the
commission of suicide and the alleged harassment, cruelty, and
criminal intimidation.
46. In this regard, it would be apposite to rely on the judgment in
the case of State of Haryana vs. Bhajan Lal, 1992 Suppl (1)
SCC 335 (“Bhajan Lal”) with particular reference to paragraph
102 therein, where this Court observed thus:
“102. In the backdrop of the interpretation of the various
relevant provisions of the Code under Chapter XIV and of
the principles of law enunciated by this Court in a series
of decisions relating to the exercise of the extraordinary
power Under Article 226 or the inherent powers under
Section 482 of the Code which we have extracted and
reproduced above, we give the following categories of cases
by way of illustration wherein such power could be
exercised either to prevent abuse of the process of any
court or otherwise to secure the ends of justice, though it
may not be possible to lay down any precise, clearly
defined and sufficiently channelised and inflexible
guidelines or rigid formulae and to give an exhaustive list
36
of myriad kinds of cases wherein such power should be
exercised.
(1) Where the allegations made in the first information
report or the complaint, even if they are taken at their face
value and accepted in their entirety do not prima facie
constitute any offence or make out a case against the
Accused.
(2) Where the allegations in the first information report and
other materials, if any, accompanying the FIR do not
disclose a cognizable offence, justifying an investigation by
police officers Under Section 156(1) of the Code except
under an order of a Magistrate within the purview of
Section 155(2) of the Code.
(3) Where the uncontroverted allegations made in the FIR
or complaint and the evidence collected in support of the
same do not disclose the commission of any offence and
make out a case against the Accused.
(4) Where, the allegations in the FIR do not constitute a
cognizable offence but constitute only a non-cognizable
offence, no investigation is permitted by a police officer
without an order of a Magistrate as contemplated Under
Section 155(2) of the Code.
(5) Where the allegations made in the FIR or complaint are
so absurd and inherently improbable on the basis of which
no prudent person can ever reach a just conclusion that
there is sufficient ground for proceeding against the
Accused.
(6) Where there is an express legal bar engrafted in any of
the provisions of the Code or the concerned Act (under
which a criminal proceeding is instituted) to the institution
and continuance of the proceedings and/or where there is
a specific provision in the Code or the concerned Act,
providing efficacious redress for the grievance of the
aggrieved party.
37
(7) Where a criminal proceeding is manifestly attended
with mala fide and/or where the proceeding is maliciously
instituted with an ulterior motive for wreaking vengeance
on the Accused and with a view to spite him due to private
and personal grudge.”
47. On a careful consideration of the aforementioned judicial
dictum, we find that none of the offences alleged against the
appellant herein has been made out. In fact, we find that the
allegations of cruelty, mental harassment and voluntarily causing
hurt against the appellant herein have been made not with a bona
fide intent as they are vague and general in nature and therefore,
the judgment of this Court in the case of Bhajan Lal and
particularly sub-paragraphs (1), (2), (3), (5) and (7) of paragraph
102, extracted above, squarely apply to the facts of this case. It is
neither expedient nor in the interest of justice to permit the present
prosecution emanating from FIR No.212/2023 to continue.
48. In view of the aforementioned discussion and keeping the
judicial dicta of this Court in mind, the impugned order dated
08.01.2025 of the High Court is set aside and consequently, FIR
No.212/2023 dated 30.06.2023 registered with Satara Police
Station, District Aurangabad Town and consequent proceedings
initiated pursuant thereto stand quashed.
38
The appeal is allowed in the aforesaid terms.
…………………………………..J.
(B.V. NAGARATHNA)
…………………………………..J.
(MANMOHAN)
NEW DELHI;
NOVEMBER 02, 2026.
39